21 Amendments of Francisco ASSIS related to 2017/0288(COD)
Amendment 50 #
Proposal for a regulation
Recital 4
Recital 4
(4) Commercial regular service operations should not compromise the economic equilibrium of existing public service contracts. For this reason, the regulatory body should be able toan objective analysis should be made of the structural and geographical charry out an objective economic analysis to ensure that this is the case. acteristics of the market and the networks concerned, and in particular their size, demand, characteristics, the complexity of the works network, technical and geographical isolation, and the services covered by the contract, and account should also be taken of whether the new service brings better quality services and/or more value for money compared with the previous public contract.
Amendment 63 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Where territorial balance and social cohesion are compromised, public service operators should have priority access. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.
Amendment 74 #
Proposal for a regulation
Recital 8
Recital 8
(8) Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium and rights of a public service contract. A distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. In the case of routes already served by more than one public service contract, it should be possible to increase that threshold.
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 11 a (new)
Article 2 – paragraph 11 a (new)
11a. ‘alternative route’ means a route between the same starting point and destination taken by another existing regular service that can be used instead.
Amendment 187 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 1
Article 5 a – paragraph 2 – subparagraph 1
Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of terminals, with preference being given to public service operators where territorial balance and social cohesion are compromised.
Amendment 191 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 2
Article 5 a – paragraph 2 – subparagraph 2
Requests for access to terminals may be refused only on the grounds of lack of capacity, or for security and service reasons. If a request is refused, the terminal operator shall inform the regulatory authority of its decision.
Amendment 251 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (de) of Article 8c(2).
Amendment 276 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 2
Article 8 a – paragraph 2
2. Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (cd) of Article 8c(2).
Amendment 284 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 11 Regulation (EC) No 1073/2009
3. The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are picked up or set down, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down, a copy of the application, together with copies of any other relevant documentation, and its assessment, for informationwithin two weeks of receipt of the application, with a request for their agreement.
Amendment 285 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3 a (new)
Article 8 a – paragraph 3 a (new)
3a. If one of the competent authorities does not agree to the authorisation for one of the reasons set out in paragraph 2, authorisation may not be granted, but the matter may be referred to the Commission within one month of receipt of its reply.
Amendment 288 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3 b (new)
Article 8 a – paragraph 3 b (new)
3b. After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four months of receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the Member States concerned.
Amendment 290 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3 c (new)
Article 8 a – paragraph 3 c (new)
3c. The Commission decision shall apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application.
Amendment 308 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 2
Article 8 b – paragraph 2
2. Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (cd) of Article 8c(2) and, if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies, Article 8c(2)(de).
Amendment 315 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
3a. Before starting to operate the service, the authorised carrier shall prove it has an effective and stable establishment in the state in which the service is to be provided, in accordance with Articles 3 and 5 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council.
Amendment 325 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 c – paragraph 2 – subparagraph 2 – point c a (new)
Article 8 c – paragraph 2 – subparagraph 2 – point c a (new)
(ca) the applicant has requested authorisation for a regular service to run on the same route, or via a different route, where a competent authority has granted a public service operator an exclusive right to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract;
Amendment 327 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 c – paragraph 2 – subparagraph 2 – point d
Article 8 c – paragraph 2 – subparagraph 2 – point d
(d) a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract. That analysis shall assess the relevant structural and geographical characteristics of the market and the network concerned (size, demand characteristics, network complexity, technical and geographical isolation, and the services covered by the contract), and account shall also be taken of whether the new service brings better quality services and/or more value for money compared with the public contract awarded previously.
Amendment 359 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 5
Article 8 d – paragraph 5
Amendment 364 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 5 a (new)
Article 8 d – paragraph 5 a (new)
5a. Where a competent authority has granted exclusive rights to an undertaking performing a public service in accordance with Article 3 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council, protection of those exclusive rights shall apply only to the operation of public passenger transport services providing services on the same routes or on alternative routes. This shall not prevent the authorisation of new regular services operating on other routes.
Amendment 367 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 5 b (new)
Article 8 d – paragraph 5 b (new)
5b. Member States may limit the right of access to the international and national market for regular services if the proposed regular service meets the needs of an urban or suburban centre or conurbation, or the needs for transport between it and the surrounding areas.
Amendment 378 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1073/2009
Article 15 – point c
Article 15 – point c
(c) regular services performed in accordance with this Regulationby a carrier not resident in the host Member State in the course of a regular international service in accordance with this Regulation, with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall be carried out in the course of that international service, and shall not affect public service contracts.
Amendment 386 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 1073/2009
Article 17
Article 17
(17) Article 17 is deleted; amended as follows: Control documents for cabotage operations 1. Cabotage transport operations in the form of occasional services shall be carried out under cover of a journey form, on paper or in digital format – accessible directly and in real time – which shall be presented at the request of authorised inspectors. 2. The following information shall be entered in the journey form: (a) the points of departure and arrival of the service; (b) the dates on which the service begins and ends. 3. The journey forms shall be supplied in books as referred to in Article 12, certified by the competent authority or agency in the Member State of establishment. 4. In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy thereof, shall serve as the control document, whether on paper or in digital format. However, a journey form shall be filled out in the form of a monthly statement. 5. During checks, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the requested documents.